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<br /> Lender. The foregoin2�wa110�73� and repxesentationa, and
<br /> �' ti I3or.rower's obligations pursuant �o the foregoinq indemnity, ahall
<br /> � survive repaymen� nf the Note and the recanveyance o� this Deed
<br /> � of Tzust.
<br /> ,� 9. Asai nmen� of Rents� Mana ement of Pro ert . As
<br /> � ., �.�,�,� additional secur ty hereunder, Borrower hereby asa gna to Lender
<br /> �he rents, issues and profits of the Property, provided that
<br /> J� Borrower shall, prior to acceleration under paragraph 11 hereof
<br /> or abandonment of the Property, have the right to col].ect and
<br /> � . retain such rents, issues and proEits as they become due and pay-
<br /> ; able. Upon acceleration or abandonment of the Property, Lender
<br /> = may, either in person or by agent, with or without bringing dny
<br /> - � �� action or proceeding, or by a receiver appointed by a court and
<br /> � without regard to �he adequacy of its security, enter upon and
<br />� r� take possession of �he Property, ar any part thereof, in its own
<br /> name or in the name of the Trustee, and do any acta which it
<br /> : � deems necessary or desirable to preserve the value, marketability
<br /> �• or rentability of the Property, or any part thereof or in�erest
<br /> therein, increase the income therefrom or protect the security
<br /> hereo� and, with or without taking possession of the Property,
<br /> ;" sue for or otherwise collec� the rents, isaues and prof its
<br /> � thereof, including thoae past due and unpaid , and apply the same,
<br /> less costs and expenses oE opera�ian and collection, including
<br /> attorneys' feea, upon any indebtedness secured hereb�r, all in
<br /> such order as Lender may determine. The en�ering upon and taking
<br /> possession of the Property, the collection of such rents, iasues
<br /> � � and profits and �he applicatian thereof as aforesaid, shall not
<br /> cure or waive any default or notice of default hereunder or
<br />� _��_ xnvalidate any act done in response to such default or pursuant
<br /> -�--- --- to such notice of default and, notwithatanding thc� continuance in
<br /> pas�ession oE the Property or the collection, receipt and applica-
<br /> tion of renta, issues or pr�fits, and Trus�ee and Lender shall I�e
<br />" �� entitled to exercise every right provided for in any oF �he Loan
<br /> :[nstruments or by law upon occurrence �f any Event of Def.ault,
<br /> . ' including, without limitation, the right to exercise the power of
<br />_ , sale. Further, Lender's rights and remediea under �his paragraph
<br />-. 9 shall be cumulative wi�h, and in no way a limitation on,
<br /> • Lender's righta and remedies under any Assignment of Leasea and
<br />_ Ren�s recorded against the Property. Lender, Trustee and the
<br /> receiver shall be liable to account only for those rents actually
<br />__. received.
<br /> • � 10. Events of Default. The following shall constitute
<br />, an Event of Default under this Deed of Trus�:
<br /> � , (a) Failure to pay any installment of
<br /> ,. principa�. or intere�t or any other sum aecured hereby
<br /> _ �� when due, or failure to pay when due any other indebted-
<br /> � ness of Borrower to Lender;
<br /> � ' {b) A breach of or default under any provi-
<br /> � sion contained in �he Note, this Deed of Txust, any of
<br /> � the Loan InsLrumPnts, or any other encumbrance upon the
<br /> Property, after giving eFfect to any applicable cure
<br /> period contained �herein;
<br /> (c) ,A writ of execution or attachment or any
<br /> - simi.lar process shall be entered against Borrower which
<br /> � shall become a lien on the Property or any portion
<br /> � �hereof or interest �hereinj
<br /> (d) There shall be filed by or againat
<br /> . BorXOwer an ac�ion under any present or future federal,
<br /> - � state or other statute, law or regulati on relating to -
<br /> : � bankruptcy, insolvency or other relief for debtorsj or ;
<br /> _ there shall be appointed any trustee, receiver or
<br /> - liquida�or of T3or.rower or of all or any part of the
<br /> -_ � Property, or the rents, issues vr �
<br /> profits thereof, or
<br /> _ ; norrower shall make any general a.ss3.gnrnent far the �
<br /> � bene.fit of credi�orsf ;
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